ATE Insurance for Commercial Litigation (ICL)

This cover is written on an "after the event basis" i.e. after the dispute has arisen.

Types of Litigation

Lakehouse’s ICL can be provided for any type of dispute other than a personal injury claim or clinical negligence claim where significant damages are to be recovered or there will be other some other financial award such as the increase in the value of an asset, be it real or intangible.

ATE Insurance for Commercial Litigation (ICL) is provided for claimants, pursuers or plaintiffs (“claimants”) in any tribunal in England & Wales, Scotland, Northern Ireland and the Republic of Ireland where costs will follow the outcome. ICL will only be considered for defendants or defenders if they have a Counterclaim that, in effect, makes them the claimant.

Value of Litigation/Quantum

  • Cover can be provided where the minimum expected recovery of damages (as distinct from the damages claimed) is at least £75,000 or the Euro equivalent.
  • Cover can be provided where there may be no immediate award of damages but the successful outcome of the claim will increase the value of an asset that is the subject of the dispute, significantly.

What Does ATE Insurance For Commercial Litigation Cover?

  • Own disbursements and expenses which can include counsel’s fees
  • Adverse costs for interlocutory hearings
  • Adverse costs awarded on judgment
  • Any deferred premium

Limits of Indemnity

  • The maximum limit of indemnity provided is negotiable.